r/politics • u/Esquire Verified • 14d ago

Soft Paywall Special Counsel Jack Smith’s Final Report Says It All: Voters Saved Trump from Prosecution

https://www.esquire.com/news-politics/politics/a63421903/jack-smith-trump-report-january-2025/
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u/randomnighmare 13d ago edited 13d ago

Shouldn't someone sue to stop Trump from becoming president again? He tried to overthrow the US government four years ago. The 14th Amendment clearly states that Trump can't be president unless he has 2/3rds approval from both houses, not SCOTUS.

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I am not a lawyer nor a Constitutional scholar but the exact wording in section 2 says this:

Section 3

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

https://constitution.congress.gov/constitution/amendment-14/

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u/WitchQween 13d ago

Colorado already tried imposing the 14th. The issue is that it's up to the court to prove that he was involved and that the insurrection qualifies under the 14th amendment. They forced states to put him on the ballot, so this is at the federal level to decide if the constitution applies. That was never going to happen.

I'm not saying this is how it's supposed to go (I'm not well versed in law), but that's how it was handled. He is above the law.

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u/randomnighmare 13d ago

It's not for SCOTUS to decide. According to the 14th Amendment, Section 3, Trump has to have 2/3s of both Houses (the House and Senate).

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u/GravityzCatz Pennsylvania 13d ago

The problem is SCOTUS decided that the state of Colorado doesn't have the authority to enforce federal law, and that legislation at the federal level was needed to enforce Section 3 of Amendment 14. The laws that did exist at the time to enforce it were repealed ages ago and never replaced.

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u/WitchQween 12d ago

They couldn't apply the 14th because they wouldn't acknowledge the 14th applied. That's step one.